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Understanding your BAC and DWI charges

If you are charged with a DWI in North Carolina, you must take your defense seriously. You could face fines, the suspension of your license, jail time and other consequences depending on how many times you were previously convicted of a DWI. At Frasier & Griffin, PLLC, we defend the rights of clients who are charged with a DWI and work to protect their freedom and future. The most critical aspect of protecting your future is to understand what can cause a police officer to charge you with a DWI. North Carolina law specifies that for adults aged 21 or older, it is illegal to operate a vehicle if you have a blood alcohol content (BAC) of 0.08 percent or higher. Even if you are not exhibiting signs of impairment, you may still be charged with a DWI if your BAC is shown to be over this legal limit. If you refuse to have your BAC tested, you may have your license suspended for up to 1 year with no opportunity to obtain driving privileges for the first 6 months. Because of this limit and the serious consequences of a DWI, you must understand some basic facts about what influences your BAC. BAC is dependent on a variety of factors Your BAC can be hard to predict, and your physical characteristics will make a difference when trying to determine how many alcoholic beverages must be consumed to reach the 0.08 percent limit. Three factors to consider when attempting to calculate your BAC are your weight, gender and drinks per hour. For example, if you are a woman who weighs 137 pounds, it can take just three standard drinks (drinks that have 10 grams/12.5 milliliters of alcohol) in one hour to reach the legal limit of 0.08 percent. If you are a man who weighs 170 pounds, it can take only three-and-a-half standard drinks in one hour to reach the limit. Note, these BAC calculations are only estimates and a multitude of other circumstances can affect your BAC. If you drink on an empty stomach, your BAC will be higher than someone who has recently eaten a meal. Certain medications can also interact with alcohol to raise a person’s BAC beyond the expected level. Because of these factors, it can be challenging to calculate your BAC without the use of specialized tools. Unfortunately, these tools, such as a Breathalyzer or blood test, may produce flawed results if the tester misused them or did not calibrate them before testing. A few exceptions to the 0.08 BAC limit Although the legal limit for most adults is 0.08 percent, there are a few circumstances that can lead to DWI charges at a lower BAC. For example, drivers under the age of 21 and school bus drivers must maintain a BAC of 0.00 percent when operating their vehicles. People who have a commercial driver’s license have a lower legal limit of 0.04 percent. You can also be charged with a DWI if a drug impairs your ability to drive. These drugs include prescription medications and controlled substances, such as marijuana. Get help if you are charged with a DWI Many factors can affect your DWI charges and potential defense strategies. Because of the variety of issues that may be at play in your case, you should contact Frasier & Griffin PLLC as soon as possible. The experienced defense attorneys at Frasier & Griffin, PLLC, will take immediate action to defend your rights if you are charged with a DWI.

Types of North Carolina theft crimes

Property crime charges such as theft in North Carolina may result in misdemeanor or felony charges depending on the circumstances of the case. Factors include the amount, whether the perpetrator used a weapon and the type of property involved. Before facing a court date for a North Carolina theft charge, learn more about the types of crimes and the penalties for conviction. Embezzlement (theft by employees) If you steal property valued at less than $100 from your employer, you may receive a Class H felony charge, which carries four to 25 months in prison. Amounts above $100 constitute a more serious Class C felony, resulting in 44 to 182 months in prison. Larceny (property theft) Stealing property or cash of less than $1,000 is a Class 1 misdemeanor, which carries up to 120 days in jail and an optional fine. For amounts above $1,000, this crime becomes a Class H felony. Other circumstances the court considers an automatic felony include cases where: You have stolen property directly from another individual's person You have stolen a deadly weapon or explosive device You entered another person's home to commit theft (burglary) Larceny of fuel Stealing gasoline and other types of motor fuel constitutes a Class F felony. This offense carries a sentence of 10 to 41 months in prison. Receiving stolen property If you come into possession of stolen goods, you could receive a Class H felony charge if the value involved is more than $1,000. The court will consider whether a reasonable person would have known the status of the goods. North Carolina assigns a point system to previous offenses. If you receive a new theft conviction, you may receive an increased sentence depending on your number of points. On the other hand, individuals who have no prior convictions may qualify for reduced sentences depending on the facts of the case. Mitigating factors are positives that work in your favor, such as a willingness to accept responsibility for your crimes. Aggravating factors increase your sentence and may include the age of the victim, the use of a weapon and whether another person paid you to commit the crime.

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